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Decision of Note: <b>NY Proper Forum For Suit Over BBC Documentary</b>

By ALM Staff | Law Journal Newsletters |

The U.S. Court of Appeals for the Second Circuit held that a New York-based plaintiff properly filed suit in Manhattan federal court alleging unjust enrichment and misappropriation of idea by the British Broadcasting Corp. (BBC). Gross v. British Broadcasting Corp., 03-7306. Plaintiff Pat Gross claimed that the BBC had without permission used her idea for a documentary about militant animal-rights activists that was broadcast in the United Kingdom. The district court dismissed the complaint for forum non conveniens.

Vacating and remanding, the Second Circuit noted: “The BBC has a presence in New York, and is unquestionably subject to personal jurisdiction in the Southern District [of New York]. … We have consistently held that when the plaintiff is a U.S. citizen and she selects her home forum, that choice is ordinarily entitled to substantial deference from the courts, especially when there is no challenge regarding the legitimacy of the plaintiff's motives for choosing her home forum.”

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